Kuldeep Yadav @ Kuldip Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4061 of 2022 Arising Out of PS. Case No.-436 Year-2022 Thana- WARISLIGANJ District- Nawada ====================================================== Kuldeep Yadav @ Kuldip Yadav Son Of Manger Yadav Resident Of VillageHirmabigha, P.S.- Warisaliganj, District- Nawada ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Sidho Manjhi Son of Parbhu Manjhi Resident of Village- Manjour (Kewalibigha), P.S.- Warisaliganj, District- Nawada ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Sheo Kumar Prasad For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-04-2023 Heard learned counsel for the appellants and learned Special Public Prosecutor for the State. In spite of valid service of notice, none appears on behalf of the informant.

The instant appeal has been filed by the appellant against the order dated 13.10.2022 passed by learned Exclusive Special Court, Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, Nawada in BP No. 4976 of 2022 whereby the prayer for bail of the appellant in connection with Warisaliganj P.S. Case no. 436 of 2022 under Sections 147, 149, 323, 302 of

Patna High Court CR. APP (SJ) No.4061 of 2022(3) dt.20-04-2023 2/3 the Indian Penal Code and sections 3(2)(v)/(a) of SC/ST Act was rejected.

The prosecution case as per F.I.R is that all the F.I.R named accused persons including the appellant and 10-15 unknown have brutally assaulted the son of the informant by lathi, danda and iron rod by taking his caste name, as a result of which, he died on the spot. It is submitted by learned counsel for the appellant that appellant has been falsely implicated in this case due to previous enmity and dirty village politics. There is general and omnibus allegation against the appellant. The appellant is aged person and suffering from old age diseases. As per F.I.R, the occurrence did not take place in public view. Hence, the provision under SC/ST Act shall not be attracted against the appellant. As per postmortem report only 2-3 external injuries were found on the body of the deceased whereas assailants are said to be 11-15 in numbers, which falsify the prosecution story. The appellant is languishing in judicial

Patna High Court CR. APP (SJ) No.4061 of 2022(3) dt.20-04-2023 3/3 custody since 12.08.2022.

The appeal for bail is opposed by learned Spl. P.P. for the State.

Having heard learned counsel for the parties and taking into consideration that there is general and omnibus allegation against the appellants, the Court is inclined to allow this appeal. Accordingly, the appeal is allowed and the impugned order dated 13.10.2022 passed in B.P. No 4976 of 2022 is hereby set aside. The appellant, above named is directed to be enlarged on bail in connection with Warisaliganj P.S. Case No. 436 of 2022 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Court, SC/ST, Nawada.

(Sunil Kumar Panwar, J) Shageer/- U T